HomeMy WebLinkAboutPC Reso 14-34 Airport Land Use Livermore Mun PLPA-2014-00028 RESOLUTION NO. 14-34
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
ZONING ORDINANCE AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE
AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT
CITY-WIDE
PLPA-2014-00028
WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption
and updating of land use compatibility plans for all public-use airports in Alameda County; and
WHEREAS, in 2012, Alameda County completed a multi-year effort to update the 1986
land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, the land use compatibility plan promotes compatibility between the
Livermore Municipal Airport and the surrounding environment which includes properties in the
cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and
WHEREAS, pursuant to State law, when a land use compatibility plan is amended or
updated local agencies must review their general plans, applicable specific plans and zoning
ordinances to ensure that they remain consistent with the land use compatibility plan; and
WHEREAS, amendments are proposed to the Dublin Zoning Ordinance to add Chapter
8.35 (Airport Overlay Zoning District) to establish consistency between the Dublin Zoning
Ordinance and the land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, amendments are also proposed to the Dublin Zoning Map to include the
Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety
Zone 6; and
WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the
Airport Land Use Commission for a determination of consistency with the updated land use
compatibility plan for the Livermore Municipal Airport prior to being adopted by the local
jurisdiction; and
WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission
adopted Resolution 01-2014 finding the proposed Zoning Ordinance Amendments consistent
with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the
Livermore Municipal Airport; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed
Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of the proposed Amendments are exempt
from CEQA because the Amendments do not, in and of itself, allow the construction of any
building or structure, but rather sets forth the regulations that shall be followed if and when a
building or structure is proposed to be constructed or a site is proposed to be developed. The
Amendments, therefore, have no potential for resulting in significant physical change in the
environment, directly or ultimately; and
WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public
hearing on the proposed Zoning Ordinance and related General Plan amendments, at which
time all interested parties had the opportunity to be heard; and
WHEREAS, a Staff Report dated July 22, 2014, and incorporated herein by reference,
described and analyzed the proposed Zoning Ordinance and related General Plan
amendments. The Staff Report recommended that the Planning Commission recommend City
Council approval of the Zoning Ordinance and related General Plan amendments. Following the
public hearing, the Planning Commission adopted Resolution 14-33 recommending that the City
Council approve the related General Plan amendments; and
WHEREAS, the Planning Commission used their independent judgment and considered
the Staff Report and all reports, recommendations, and testimony referenced above prior to
making any recommendations on the proposed Zoning Ordinance amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt the ordinance attached as Exhibit A, incorporated herein by reference, approving
Zoning Ordinance amendments related to the Airport Land Use Compatibility Plan for the
Livermore Municipal Airport, based on the following findings:
1. The amendments provide procedures and regulations to ensure that projects in the
Airport Influence Area (AIA) will be reviewed for compatibility with the adopted Airport
Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
2. The amendments are consistent with the General Plan, as amended by the related
General Plan amendments, and with the Eastern Dublin Specific Plan.
PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote:
AYES: Bhuthimethee, Do, O'Keefe, Goel, Kohli
NOES:
ABSENT:
ABSTAIN:
z(t,t
Planning Commission Chair
ATTEST: )(1
Assistant Comm6ally, evelopment Director
2 of 2
ORDINANCE NO. XX— 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REZONING THE TASSAJARA HIGHLANDS (FREDRICH/VARGAS) PROJECT SITE TO A
PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 1
AND 2 DEVELOPMENT PLAN
PLPA 2012-00051
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Applicant, Tim Lewis Communities and STL Company LLC, proposes to develop 48
single-family detached homes on an 11.11 acre site. The applications include a General
Plan/Specific Plan amendment to change the land use designations from Medium-High Density
Residential, Neighborhood Commercial and Medium Density Residential to a combination of
Medium Density Residential (6.16 acres) and Open Space (3.06 acres) and 1.89 acres of
associated road right-of-way. The applications also include a Planned Development rezoning
with a related Stage 1 and Stage 2 Development Plan, Site Development Review, and Vesting
Tentative Subdivision Map 8133. The proposed development and applications are collectively
known as the "Project".
B. The Project Site consists of two existing parcels, the approximately 7.93 gross acre Fredrich
property located at 6960 Tassajara Road and the approximately 5 gross acre Vargas property at
7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004-002-03).
C. To comply with the California Environmental Quality Act (CEQA), the State guidelines and
City environmental regulations, the City prepared an addendum to the Eastern Dublin EIR and
two prior Mitigated Negative Declarations for the Project.
D. Following a public hearing on July 22, 2014, the Planning Commission adopted Resolution
14- recommending that the City Council approve the CEQA addendum for the project,
Resolution 14- recommending approval of the Project General Plan and Specific Plan
amendments, and Resolution 14- , recommending approval of the Planned Development
rezoning and related Stage 1 and 2 Development Plan, which resolutions are incorporated
herein by reference and available for review at City Hall during normal business hours.
E. A Staff Report, dated , 2014 and incorporated herein by reference, described and
analyzed the Project, including the Planned Development rezoning and related Stage 1 and 2
Development Plan, for the City Council.
F. On , 2014, the City Council held a properly noticed public hearing on the Project,
including the proposed Planned Development rezoning and related Stage 1 and 2 Development
Plan, at which time all interested parties had the opportunity to be heard.
G. On , 2014, the City Council adopted Resolution xx-xx approving the CEQA addendum
and adopting a Statement of Overriding Considerations for the Project, and adopted Resolution
xx-xx approving General Plan and Eastern Dublin Specific Plan amendments for the Project,
EXHIBIT A TO
ATTACHMENT 2
which resolutions are incorporated herein by reference and available for review at City Hall
during normal business hours.
H. The City Council considered the CEQA addendum and related prior CEQA documents and
all above-referenced reports, recommendations, and testimony prior to taking action on the
Project.
SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The Tassajara Highlands Project Planned Development zoning meets the purpose
and intent of Chapter 8.32 in that it provides a comprehensive development plan that
creates a desirable use of land that is sensitive to surrounding land uses by virtue of the
layout and design of the site plan.
2. Development of the Project under the Planned Development zoning and the related
Stage 1 and 2 Development Plan will be harmonious and compatible with existing and
future development in the surrounding area in that the site will provide residential
development consistent with the surrounding development by providing unique floor plan
designs and the incorporation of open space components while also being sensitive to
the adjacent creek and conservation area.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds
as follows.
1. The Planned Development zoning for the Project and the related Stage 1 and 2
Development Plan will be harmonious and compatible with existing and potential
development in the surrounding area in that the proposed site plan has taken into
account sensitive adjacencies and will provide a wide range of amenities to the
surrounding neighborhoods.
2. The project site is physically suitable for the type and intensity of the zoning district
being proposed in that the Project maintains the general character and density of
adjacent development. The project site conditions are documented in the certified
Environmental Impact Report (EIR), the environmental impacts that have been identified
will be mitigated to the greatest degree possible, and the project will implement all
adopted mitigation measures. There are no site conditions that were identified in the EIR
that will present an impediment to development of the site for the intended purposes.
There are no major physical or topographic constraints and thus the site is physically
suitable for the type and intensity of the retail commercial center approved through the
Planned Development zoning.
3. The Planned Development zoning will not adversely affect the health or safety of
persons residing or working in the vicinity, or be detrimental to the public health, safety
and welfare in that the project will comply with all applicable development regulations and
standards and will implement all adopted mitigation measures. The Project uses are
compatible with surrounding uses.
2
4. The Planned Development zoning is consistent with the Dublin General Plan, as
amended, and the Eastern Dublin Specific Plan, as amended, in that the proposed
residential uses are consistent with the Medium Density Residential land use
designations for the site.
C. Pursuant to the California Environmental Quality Act, the City Council approved a CEQA
addendum and Statement of Overriding Considerations on , 2014, as set forth in
Resolution , which resolution is incorporated herein by reference and available for review
at City Hall during normal business hours.
SECTION 3: ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the property described below to a Planned Development Zoning
District:
11.11 acres at 6960 and 7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004-
002-03) ("Project site", or "Property").
A map of the rezoning area is shown below:
TASSAJARA HIGHLANDS STAGE / PLANNED DEVELOPMENT PLAN
CITY OF DUBLIN, CALIFORNIA ffARpl i,?013
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SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Project site are
set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby
approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance
with section 8.32.080 of the Dublin Municipal Code or its successors.
Stage 1 and 2 Development Plan for the Tassajara Highlands (Fredrich/Vargas) Project
This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2
Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as part of
the Planned Development rezoning for the Tassajara Highlands project, PLPA-2012-00051.
The Planned Development District and this Stage 1 and 2 Development Plan provides flexibility
to encourage innovative development while ensuring that the goals, policies, and action
programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are
satisfied.
1. Statement of Permitted, Conditional and Accessory Uses.
PD — Medium Density
Permitted Uses
• Accessory structures and uses in accordance with Section 8.40.030 of the Dublin
Zoning Ordinance
• Combinations of attached or detached dwelling, zero-lot line units, duplexes,
townhouses, multi-family dwellings
• Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance
• Multi-Family Dwelling Unit
• Nursing homes for not more than three patients
• Single-family Dwelling Unit
Conditional Uses
• Accessory structures and uses located on the same site as a conditional use
• Assisted living facility
• Bed and Breakfast inns
• Community clubhouse
• Community facilities
• Hospital in districts requiring not more than fifteen hundred (1,500) square feet of
building site area per dwelling unit
• Large family day care homes
• Medical or residential care facility (7 or more clients)
• Mobile home parks, as regulated by the Dublin Zoning Ordinance
• Parking lot, as regulated in the Dublin Zoning Ordinance
• Plant nursery or greenhouse used only for the cultivation of plant materials
(wholesale only)
• Public and Semi-Public Facilities
4
PD Open Space
Permitted Uses, including, but not limited to:
• Agriculture and grazing
• Conservation areas
• Public or private infrastructure
• Public or private recreation facility- active or passive
• Streams and drainage protection corridors
• Those uses allowed by the U.S. Army Corps of Engineers under Section 404 and
1600 agreements.
• Trails and maintenance roads, including emergency vehicle access
• Trail staging area
• Other educational or recreational facilities:
• Water quality, drainage, and other similar facilities, including swales and basins
• Wildlife habitat preservation areas
• Other similar uses as determined by the Community Development Director
2. Stage 1 and 2 Site Plan.
TASSAJARA HIGHLANDS STAGE l/ PLANNED DEVELOPMENT PLAN
JUNE 1,,2013
CITY OF DUBLIN, CALIFORNIA —c 1V.A&VUS1 u.m+3
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3. Site area, proposed densities.
Pro osed Use Fredrich Vargas Ac %
Fm�HDR 0 0 0 0
0 0 0 0
DR 4.08 6.16 55.5%
OS 2.08 3.06 27.5%
subtotal
r/w 0 1.89 17%
Total 6.16 4.95 11.11 100%
The density of the site is 6.92 du/ac
4. Development regulations.
SINGLE FAMILY SITE DEVELOPMENT STANDARDS
Typical Lot Width 45.0'
Minimum Lot Size 3,670
Minimum Street Frontage width @ cul-de-sac 50'
Maximum Lot Coverage 55%
Maximum Building Height 35'
Maximum Stories 2
Minimum Front Yard Setbacks:
Living Area 8'
Porch/Deck 8'
Garage (front facing) 19'
Minimum Side Yard Setbacks:
First Floor 4'
Upper Floors 4'
Corner Lot 8'
Porch/Deck 4'
Encroachments 2' max into required setback
Minimum Rear Yard Setbacks to Living Area 8'
Usable Private Rear Yard Space 400 sf min. flat area, minimum depth 8.0'
Required Parking 2 in garage, 1 guest
Notes:
1. Front yard setbacks are measured from the property line which is the back of the
sidewalk.
2. 60% of homes backing up to open space or public streets will have a minimum 10'
setback at the rear elevation.
3. Two-story homes can have "nested" tirhd floor living space within the roofline.
4. Side yard encroachments may include window bays, chimneys, furring or other
architectural projections. A minimum of 3' clear passage must be proved for
emergency responders.
5. For lots less than 5,000 square feet in size, mechanical equipment that generates
noise (such as swimming pool, spa and air conditioning equipment on the property
shall be enclosed as necessary to reduce noise at the property line to a maximum of
50 dBA at any time.
6
5. Phasing Plan. Phase I backbone infrastructure will be installed with the area constructed.
The individual homes will be constructed in 5 phases of up to 11 homes per phase.
TASSAJARA HIGHLANDS TEMPORARY PHASING PLAN
CITY OF OUBUN, CALIFORNIA JULY 1, 2014
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6. Preliminary/Master Neighborhood Landscape Plan.
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Preliminan Landscape Plan
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7
7. Architectural Standards. See Exhibit A to this Ordinance.
8. Landscape Standards. See Exhibit B to this Ordinance.
9. Inclusionary Zoning Regulations. The project is subject to Chapter 8.68 of the Zoning
Ordinance, Inclusionary Zoning regulations, which require 12.5% of the units as income
restricted for sale to low and moderate income households. The developer is required to
provide 6 affordable units. An "alternative method of compliance," will be provided in
accordance with Section 8.68.040.A.
10. Aerial Photo.
TASSAJARA HIGHLANDS PROJECT CONTEXT EXHIBIT
JUNE U.?013
CITY OF DUBLIN, CALIFORNIA �-A�f u met
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11. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in
this Stage 1 and 2 Development Plan, the use, development, improvement and
maintenance of the property shall be governed by the provisions of the closest
comparable Zoning District as determined by the Community Development Director and
of the Dublin Zoning Ordinance pursuant to Section 8.32.060.0 except as provided in the
Stage 1 and Stage 2 Development Plan. No development shall occur on this property
until a Site Development Review permit has been approved for the property.
12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply
with all adopted mitigation measures of the Eastern Dublin EIR, 2006 and 2007 Mitigated
Negative Declarations, as applicable.
SECTION 5. PRIOR PD ZONING SUPERSEDED Ordinance No. 10-07 establishing the
existing PD zoning is superseded as to the Project site.
8
SECTION 6. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2014, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2298306.1
9